You’re right. (And I’m not a lawyer… I’m an engineer of sorts.:) )
I think the RE industry and culture has trained itself on commissions. There’s so much special paperwork and jargon that I think anyone who’s embroiled in it would truly not see anyway to continue doing that without the commission cash flow.
I agree with PC: once you give customers more choice and the services are broken down then the industry will correct itself towards a more efficient and fair model. Right now you have MLS requiring the seller to commit to commission percentages (which shields agents from having to perform better to an extent), and the dirty politics of boycotts when agents won’t bring their buyers to houses with discount commissions. This all needs overhauling with the help of the government.